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Formulation of a New National Security Strategy, Economic Security, and Cybersecurity

On December 17, 2022, a new “National Security Strategy of Japan,” “National Defense Strategy,” and “Defense Program” (the “National Security Strategy of Japan” is hereinafter referred to as the “Security Strategy,” and collectively with the National Defense Strategy and Defense Program, the “Three Security Documents”) were decided by the National Security Council and approved by a Cabinet Decision. Of these, the Security Strategy is positioned as the supreme national security policy document, and is intended to provide strategic guidance for Japan’s national security policy areas, including diplomacy, defense, economic security, technology, cyber, maritime, space, intelligence, official development assistance (ODA), and energy (“I. Purpose” in the Security Strategy). In addition, the National Defense Strategy was formulated to comprehensively present Japan’s defense...To read the full article, please see the PDF file

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Competition Law / International Trade Newsletter (January 13, 2023) (197 KB / 7 pages) Download PDF [198 KB]

Authors

桜田 雄紀

He served as Director for Foreign Direct Investment Issues at the Ministry of Finance of Japan for three years from 2019 to 2022. During his tenure, he was the chief architect and strategist of the amendment of the FEFTA in 2020, where the threshold for prior mandatory notification for the acquisition of listed company shares by foreign investors was lowered from 10% to 1%. After the enactment of the amendment, he was in charge of reviewing the scope of designated business for the mandatory notification (addition of pharmaceuticals and medical equipment for communicable diseases, and critical mineral resource-related industries), strengthening the operation of screening and post-transaction monitoring, and strengthening cooperation in investment screening with relevant authorities of like-minded countries, including CFIUS of the U.S. He was also engaged in the planning and drafting of the revision of the FEFTA in 2022 (related to crypto assets) and the prohibition of new investment in Russia in response to Russia’s invasion of Ukraine.

He is the co-author of a section-by-section commentary on FDI screening under the FEFTA (“Sho-kai Gaitame-hou, Inward Direct Investment and Specified Acquisition Edition” (Shoji Homu, June 2021). He was also a speaker at webinars on FDI screening for government officials of member countries organized by the Organization for Economic Cooperation and Development (OECD).

May 2021 – Webinar on Transparency, Predictability and Accountability for investment screening mechanisms
May 2022 – Regulatory proportionality of investment screening mechanisms

平家 正博

Masahiro Heike specializes in international trade law. From 2016 to 2018, he worked at the Ministry of Economy, Trade and Industry as an in-government lawyer, and handled numerous WTO disputes and trade negotiations and was responsible for the trade policies of other jurisdictions including the United States and China. Currently, he is involved in a wide range of matters including WTO dispute settlement cases, domestic and foreign trade remedy cases (anti-dumping, safeguards), government research related to international trade law, and the handling of tariffs and origin relations.